The cost of controversy: Here's how much money local schools spent on legal fees last year

Whether it’s negotiating with unions, contracting work for building renovations or fighting in school culture wars, every school district will need to cough up funds for legal advice at some point.

But some districts pay more – significantly more, upwards of $1 million – than others.

The Enquirer obtained invoices from 12 local school districts through open records requests to see how much the region’s largest school systems spent on litigation and legal counsel in the 2022-23 school year. Because of attorney-client privilege, those records do not reference particular court cases.

The district that spent the most on legal fees was predictably Cincinnati Public Schools, which is the largest school system in the region. CPS was followed by Forest Hills School District and Lakota Local Schools.

But breaking down the cost per student, Forest Hills took the lead for legal expenses, followed by CPS and West Clermont School District.

CPS serves the most students in the region and is one of the largest employers in Hamilton County. The district has in-house counsel, which means it pays for three employees’ salaries and benefits. Those costs made up the bulk of the district’s legal expenses, which totaled nearly $1.2 million. Outside of its in-house counsel, CPS budgeted for more than $675,000 of outside professional legal services and actually spent just over $304,000.

What do school districts need lawyers for?

The office of general counsel for CPS provides legal advice and assistance to the school board, superintendent and administration. Dan Hoying, the district's lead legal counsel, attends all of the school board's meetings and is often called upon to provide context and advise on state legislation, policy and governance, labor issues, real estate purchases and other topics.

Hoying assists principals and schools with matters involving enrollment, custody, student discipline and students with disabilities. And, of course, he responds to lawsuits and other complaints filed against the district.

CPS had two cases active in Hamilton County Common Pleas Court during the past year. One dealt with an unfair labor practice complaint filed by a former Dater High School teacher in 2019, which was appealed in 2021. Another dealt with a property tax dispute between the district and the Hamilton County Board of Revision.

There were also two federal cases active against the district.

A Civil Rights Act complaint filed by a teacher in 2021 claimed the district did not approve full health insurance coverage for her to undergo "facial feminization surgeries as a medically necessary procedure for her transition from male to female." Some of those procedures included rhinoplasty, hair transplant, facelift and liposuction. The teacher also claimed the district did not accommodate her diabetic needs to limit interacting in person with others during COVID-19. The case was settled in October and dismissed in March, according to court records.

The other federal case was also brought forth in 2021, on behalf of a student with a disability. The complaint said the school district did not provide a free appropriate public education for the child during online learning. The case was tried by a jury in January and dismissed in favor of the school district.

Hoying's office also takes on the district's records requests − including The Enquirer's request for this story.

Other districts who contract with outside attorneys use them for similar tasks. Law offices working with school districts spend their contracted hours in meetings with administrators, working on settlement options and pre-trial matters, reviewing contracts for construction and other school services, reviewing board meeting agendas and going to school board meetings.

Forest Hills spent more than $533,000 on legal fees last school year

Per student, Forest Hills School District spent the most in the region.

Forest Hills spent more than half a million dollars on legal fees and services since last June. That's about $75 per student − far more than any other school district in The Enquirer's analysis.

CPS, by comparison, spent about $33 per student. Other districts spent $8 or less per student on court costs and legal advice.

“Forest Hills School District has defended itself against claims it feels are without merit and will continue to do so. The district feels it is in the best interest of taxpayers to fight against the unreasonable and exorbitant claims of other parties involved,” district spokesperson Josh Bazan wrote in an email to The Enquirer.

While some might attribute Forest Hills’ high legal bills to an ongoing court case over the school board’s highly controversial resolution that bans critical race theory, identity and other topics from curriculum and staff training, Bazan said the majority of those legal costs are covered through liability insurance. That resolution isn't being enforced while litigation looms.

The bigger culprit? According to Bazan, a large portion of last year’s legal costs is connected to lawsuits stemming from past construction projects that were part of the 2014 bond issue.

Forest Hills had invoices from Ennis Britton Co., L.P.A., Liberty Mutual Insurance and Dinsmore & Shohl LLP. Its largest legal expenditure was $58,637.76, made to Ennis Britton in June of last year. Its smallest expense was $62.06, paid in December to Liberty Mutual.

In Hamilton County Common Pleas Court, four cases filed against Forest Hills were active last school year:

• One complaint, filed in October, says Forest Hills missed a payment in September which breached a prior settlement with a district parent. The district made the payment a month late, and the complaint was dismissed with prejudice in March.

• A complaint filed in May 2022 says the school board broke Ohio Open Meetings Laws when it did not take proper meeting minutes and went into executive session without giving a reason at several meetings in 2021 and 2022. The district agreed to some fault in the matter and agreed to pay court costs for the case when it was dismissed with prejudice in March.

• A case filed in October of 2019 regarding the nearly $23 million Anderson High School renovation project is still being litigated, according to court records. Aggressive Construction Inc. claims the district improperly terminated its contract. Forest Hills failed to obtain necessary construction permits, which caused delays, according to the suit. Then Forest Hills hired another construction company to speed up the process, which ended up backfiring and causing even more delays. The case was supposed to go to a jury trial last summer, then was moved to this summer, and now has moved again to April 2024.

• Another complaint, filed in July of 2020, is connected to a 2018 vehicle crash involving a Forest Hills school bus, which resulted in multiple injuries. The parties reached a settlement in October.

There is also a federal lawsuit still pending against the school board. It was filed last June after the board approved a "culture of kindness" resolution that bans discussions of race, diversity and critical race theory (which educators say is not taught in K-12 schools).

West Clermont superintendent says personnel issues can be costly

West Clermont Local Schools had the third-highest legal expenses per pupil − about $30 per student. In total, the district spent more than $230,000 since last June.

Natasha Adams, superintendent of West Clermont Schools, said the district recently completed several construction projects and is finalizing contracts with new vendors, sponsors and co-partners. Those contracts need to be negotiated from scratch or reviewed by legal counsel.

"These are necessary up-front costs to establish strong contracts that will protect our school district moving forward. In some instances, such contracts may actually generate money or other benefits for our District," Adams wrote in an email to The Enquirer.

But a school district's legal spending is not linear, she wrote. Legal expenses vary significantly from year to year depending on labor and personnel issues and other circumstances.

"A school district may carefully vet job applicants and diligently train their employees and still encounter a year that results in a much higher than normal number of contested employee discipline referrals," Adams wrote.

When labor unions challenge districts, it can be costly. And sometimes, Adams said, districts need to shell out for legal fees in order to replace underperforming employees with teachers who better serve students.

"I believe this is money well-spent," she wrote.

This article originally appeared on Cincinnati Enquirer: How much money did Forest Hills Schools spend on legal fees last year?